تنبيه بدنى كودكان - حسينى خواه، سيدجواد - الصفحة ٣٠٨ - ث) تفسير عمومى شمارهى ٨ كميتهى حقوق كودك

protection from all corporal punishment and other cruel or degrading forms of punishment, in the family and in other settings.

. In its examination of reports, the Committee has noted that in many States there are explicit legal provisions in criminal and/ or civil( family )codes that provide parents and other carers with a defence or justification for using some degree of violence in

disciplining

children. For example, the defence of lawful, reasonable

or moderate

chastisement or correction has formed part of English common law for centuries, as has a right of correction

in French law. At one time in many States the same defence was also available to justify the chastisement of wives by their husbands and of slaves, servants and apprentices by their masters. The Committee emphasizes that the Convention requires the removal of any provisions( in statute or common- case law )that allow some degree of violence against children) e. g. reasonable

or moderate

chastisement or correction ), in their homes/ families or in any other setting.. In some States, corporal punishment is specifically authorized in schools and other institutions, with regulations setting out how it is to be administered and by whom. And in a minority of States, corporal punishment using canes or whips is still authorized as a sentence of the courts for child offenders. As frequently reiterated by the Committee, the Convention requires the repeal of all such provisions.

. In some States, the Committee has observed that while there is no explicit defence or justification of corporal punishment in the legislation, nevertheless traditional attitudes to children imply that corporal punishment is permitted. Sometimes these attitudes are reflected in court decisions( in which parents or teachers or other carers have been acquitted of assault or illtreatment on the grounds that they were exercising a right or freedom to use moderate

correction ).. In the light of the traditional acceptance of violent and humiliating forms of punishment of children, a growing number of States have